Nikol Nocetti -v- J Corp Resort Services Pty Ltd ATF the GMR Trust

Document Type: Order

Matter Number: U 37/2025

Matter Description: Unfair Dismissal Application

Industry: Hotel

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner T B Walkington

Delivery Date: 9 Oct 2025

Result: Application dismissed

Citation: 2025 WAIRC 00844

WAIG Reference:

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2025 WAIRC 00844
UNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES NIKOL NOCETTI
APPLICANT
-V-
J CORP RESORT SERVICES PTY LTD ATF THE GMR TRUST
RESPONDENT
CORAM COMMISSIONER T B WALKINGTON
DATE THURSDAY, 9 OCTOBER 2025
FILE NO/S U 37 OF 2025
CITATION NO. 2025 WAIRC 00844

Result Application dismissed
Representation


APPLICANT NO APPEARANCE

RESPONDENT MR C JENSEN


Order
WHEREAS, this is an application under s 29(1)(c) of the Industrial Relations Act 1979 (WA); and

WHEREAS, on 6 June 2025, the respondent provided the applicant with a settlement offer by way of email; and

WHEREAS, on 12 June 2025, the applicant accepted the settlement offer provided by the respondent; and

WHEREAS, on 12 June 2025, the Commission emailed the applicant providing a Form 1A – Notice of Discontinuance, and asked the applicant to file and serve the Form 1A – Notice of Discontinuance upon receipt of the settlement sum; and

WHEREAS, on 27 June 2025, the applicant confirmed receipt of the settlement sum, and informed the Commission and the respondent that they would file the Form 1A – Notice of Discontinuance in due course; and

WHEREAS, on 18 July 2025, the applicant filed a Form 1A – Notice of Discontinuance with the Commission’s registry; and

WHEREAS, on 18 July 2025, the Form 1A – Notice of Discontinuance was served on the respondent; and

WHEREAS, on 19 July 2025, the respondent objected to the Form 1A – Notice of Discontinuance on the basis that it contained qualifications that were not in accordance with the settlement agreement; and

WHEREAS, on 31 July 2025, the Commission emailed the parties noting the objection to the Form 1A- Notice of Discontinuance and sought available dates to attend a Directions Hearing for programming the objection for hearing and determination; and

WHEREAS, on 4 August 2025, a Directions Hearing was listed for 9 October 2025; and

WHEREAS, on 8 October 2025, the applicant advised that they would not be attending the Directions Hearing and that they wanted the matter to be closed; and

WHEREAS, on 8 October 2025, the respondent advised they would request the matter be dismissed pursuant to s 27(1)(a) of the Industrial Relations Act 2025 (WA) and they would be attending the Directions Hearing; and

WHEREAS, on 9 October 2025, the Commission advised the parties that the Directions Hearing would proceed as scheduled; and

WHEREAS, on 9 October 2025, the applicant did not appear at the Directions Hearing; and

WHEREAS, the Commission is satisfied that the matter is settled pursuant to the Form 1A - Notice of Discontinuance filed on 18 July 2025 and reg 16(1) of the Industrial Relations Commission Regulations 2005 (WA); and

WHEREAS, the Commission is satisfied that further proceedings are not necessary; and

WHEREAS, the Commission is satisfied that the application may be dismissed pursuant to s 27(1)(a)(iv) of the Industrial Relations Act 1979 (WA)

NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –

THAT this application be and is hereby dismissed.




COMMISSIONER T B WALKINGTON
Nikol Nocetti -v- J Corp Resort Services Pty Ltd ATF the GMR Trust

UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Nikol Nocetti

APPLICANT

-v-

J Corp Resort Services Pty Ltd ATF the GMR Trust

RESPONDENT

CORAM Commissioner T B Walkington

DATE Thursday, 9 October 2025

FILE NO/S U 37 OF 2025

CITATION NO. 2025 WAIRC 00844

 

Result Application dismissed

Representation

 


Applicant No Appearance

 

Respondent Mr C Jensen

 

 

Order

WHEREAS, this is an application under s 29(1)(c) of the Industrial Relations Act 1979 (WA); and

 

WHEREAS, on 6 June 2025, the respondent provided the applicant with a settlement offer by way of email; and

 

WHEREAS, on 12 June 2025, the applicant accepted the settlement offer provided by the respondent; and

 

WHEREAS, on 12 June 2025, the Commission emailed the applicant providing a Form 1A – Notice of Discontinuance, and asked the applicant to file and serve the Form 1A – Notice of Discontinuance upon receipt of the settlement sum; and

 

WHEREAS, on 27 June 2025, the applicant confirmed receipt of the settlement sum, and informed the Commission and the respondent that they would file the Form 1A – Notice of Discontinuance in due course; and

 

WHEREAS, on 18 July 2025, the applicant filed a Form 1A – Notice of Discontinuance with the Commission’s registry; and

 

WHEREAS, on 18 July 2025, the Form 1A – Notice of Discontinuance was served on the respondent; and

 

WHEREAS, on 19 July 2025, the respondent objected to the Form 1A – Notice of Discontinuance on the basis that it contained qualifications that were not in accordance with the settlement agreement; and

 

WHEREAS, on 31 July 2025, the Commission emailed the parties noting the objection to the Form 1A- Notice of Discontinuance and sought available dates to attend a Directions Hearing for programming the objection for hearing and determination; and


WHEREAS, on 4 August 2025, a Directions Hearing was listed for 9 October 2025; and

 

WHEREAS, on 8 October 2025, the applicant advised that they would not be attending the Directions Hearing and that they wanted the matter to be closed; and

 

WHEREAS, on 8 October 2025, the respondent advised they would request the matter be dismissed pursuant to s 27(1)(a) of the Industrial Relations Act 2025 (WA) and they would be attending the Directions Hearing; and


WHEREAS, on 9 October 2025, the Commission advised the parties that the Directions Hearing would proceed as scheduled; and

 

WHEREAS, on 9 October 2025, the applicant did not appear at the Directions Hearing; and

 

WHEREAS, the Commission is satisfied that the matter is settled pursuant to the Form 1A - Notice of Discontinuance filed on 18 July 2025 and reg 16(1) of the Industrial Relations Commission Regulations 2005 (WA); and

 

WHEREAS, the Commission is satisfied that further proceedings are not necessary; and

 

WHEREAS, the Commission is satisfied that the application may be dismissed pursuant to s 27(1)(a)(iv) of the Industrial Relations Act 1979 (WA)

 

NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –

 

 THAT this application be and is hereby dismissed.

 

 

 

 

Commissioner T B Walkington